[WSBARP] Off Topic - Wrongful Termination and Disability Discrimination

[scott at scottgthomaslaw.com]

There is a lot to wade through on this one.

 

For these types of cases you will typically look at theories of disability discrimination under the Washington Law Against Discrimination (RCW 49.60) and the ADA; wrongful discharge in violation of public policy, and violations of the Industrial Insurance Act, RCW 51.48.  The ADA applies to employers with more than 15 employees.  The WLAD applies to employers with more than 8 employees.  Washington employers with fewer than 8 employees are exempt from the WLAD, but may be liable under the common law tort of wrongful discharge in violation of public policy.  If I am able, I will bring claims under state and federal law, although I almost always find myself in federal court if I do so.  Federal court is great if you plan to go to trial.  On the other hand, the jury must be unanimous.  I would suggest that a broken back and a heart attack are, by definition, a disability.

 

There may also be a claim for retaliation, especially if the client accessed workmen’s comp benefits (RCW 51.48.025), or if an employment decision was based on a disability.  Age, religion and gender discrimination theories should always be explored with the client.

 

Good luck.

 

Scott Thomas

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jim Doran
Sent: Thursday, April 9, 2020 9:04 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Off Topic - Wrongful Termination and Disability Discrimination

 

Hello multi-talented Listies:

 

My client was terminated after 30 years working with a company.  It is a solid company with reserves.  The situation is not particularly good because she never had a contract.  There is no "employee handbook" or other material to bootstrap into a contract.  She rose through the ranks and became the program director; top man.  The facts of her termination are interesting and I am wondering if we can find a legal premise of liability.  This was, of course, very disruptive to her life.

 

The so-called deterioration of her work performance began with a broken back that she suffered on the job.  She worked while recovering at a diminished level.  She recovered in a few months and was back at her regular pace.  Then she suffered a mild heart attack, she is 60 years old, and that reduced her capability somewhat.  As she was recovering from the heart attack her mother died, which put her into a distressed emotional state.

 

Two underlings saw the opportunity to get rid of their boss and move into her position.  they complained to the ownership that my client was not performing well.  Animosity developed so my client decided to work out of a satelite office and from home.  My client insists that she performed her job well.  She is assembling the evidence to show that in spite of the three serious events, she still performed her duties.

 

The "terminable at will" status of her employment gives me grief.  So, can we use the broken back and the heart attack as some way to show any kind of a "disability discrimination"?  She was not certified with any disability.

 

Or is she without a legal remedy?  

 

Any guidance on this would be appreciated.  If someone has a great idea we would be willing to associate the case.  There are deep pockets.

 

Jim Doran

 




James R. Doran

Attorney at Law

100 E. Pine Street -  Suite 205

Bellingham, WA 98225
(360)393-9506

jim at doranlegal.com <mailto:jim at doranlegal.com> 

www.doranlegal.com <http://www.doranlegal.com> 

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